You can start a Civil case by filing an originating process or document in Court. There are 2 types of such applications that you can file to start a Civil case:
- Writ of Summons;
or Originating Summons.
If there is likely to be many disputes regarding the facts of your case, you should file a Writ of Summons. You should file the Writ of Summons together with a Statement of Claim that states the key facts of the case, the ingredients of the causes of action you are relying on and the remedies (i.e. recourse) you are seeking.
If you do not file the Statement of Claim together with the Writ of Summons, you will have file it on a later date.
If a limited application is going to be made to a Judge, an Originating Summons must be filed. Similarly, if the only or main question in your case relates to the interpretation of any written law, a deed, a will or contractual document, you can file an Originating Summons. Civil cases that are started by a Writ of Summons are more common compared to those started by an Originating Summons.
